The Bombay High Court on Thursday dismissed a petition. The petition challenged the constitutional validity of the Unlawful Activities (Prevention) Act (UAPA). The court ruled that the anti-terror legislation is legally sound in its current form.
A Division Bench of Justices AS Gadkari and Neela Gokhale declared,
“UAPA in its present form is constitutionally valid. Challenge to its vires fails. The petition fails.”
A detailed judgment is awaited.
The petition was filed by Anil Baburao Baile. He had received a notice in 2020 in relation to the Elgar Parishad violence case of 2018. Baile approached the High Court, arguing that the provisions of the Unlawful Activities (Prevention) Act were unconstitutional.
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UAPA has faced significant criticism in recent years. Critics argue it has been allegedly misused to target dissenters and activists. These actions occur under broad definitions of unlawful activity and terrorism.
Earlier this year, in February 2025, the Supreme Court made a decision. It allowed High Courts to proceed with hearing challenges to the amended provisions of the UAPA. The court clarified that the apex court should not act as the court of first instance in such matters. This should occur only unless exceptional circumstances warrant it.
Notably, a similar constitutional challenge to the UAPA is currently pending before the Delhi High Court.
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